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For the purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AERIAL or AUDIBLE CONSUMER FIREWORKS. Those consumer fireworks described in KRS 227.702 (2) and (3) only.
ANCILLARY FIREWORKS RETAILER. Any person, business entity, association, or corporation of any kind which is open to the public year round and at least 20 calendar days per month, and which
offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell only those fireworks as described in KRS 227.702(1) and which such sales are ancillary to its primary course of business.
CONSUMER FIREWORKS. Has the same meaning as in KRS 227.702.
PERMANENT FIREWORKS RETAILER. Any person, business entity, association, or corporation of any kind which is open to the public year round and at least 20 calendar days per month, and, which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks as its primary course of business.
SEASONAL FIREWORKS RETAILER. Any person, business entity, association, or corporation of any kind which is not considered a permanent fireworks retailer or ancillary fireworks retailer and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks.
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012; Am. Ord. 2023-13, passed 10-12-2023)
The use or sale of fireworks, including consumer fireworks, is prohibited in the city except in accordance with the provisions of this subchapter.
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012) Penalty, see § 92.999
Subject to applicable zoning regulations, federal, state and local law, and the provisions of this subchapter:
(A) Ancillary fireworks retailers shall be permitted to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, those fireworks described in KRS 227.702(1) when such sales are ancillary to its primary course of business;
(B) Permanent fireworks retailers shall be permitted to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, any consumer fireworks as their primary course of business: and
(C) Seasonal fireworks retailers shall not be allowed to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, any fireworks, at any time or place.
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012) Penalty, see § 92.999
Permanent fireworks retailers shall obtain and keep in force a city issued permanent retail fireworks permit (the “permanent permit”) under the following terms and conditions:
(A) Applications for the permanent permit shall be submitted to the Ludlow Police Department at least 15 days prior to the applicant’s desired effective date for the permit, on a form approved by the city. All applications must include a detailed site plan for the proposed location.
(B) Applicant shall provide proof of registration with the State Fire Marshall in accordance with the applicable provisions of KRS Chapter 227.
(C) The application must be endorsed by the Planning and Development Services of Kenton County indicating that the proposed location on the application is zoned appropriately for the conduct of the business.
(D) Applicant shall obtain an occupational license from the city.
(E) Applicant shall provide a certificate of insurance or other valid proof of general liability insurance in an amount of not less than $1,000,000 per occurrence which shall remain in effect at all times while engaged in the permitted activity.
(F) Applicant shall comply with all aspects of applicable provisions of KRS Chapter 227, the International Building Code with Kentucky Amendments (adopted edition), NFPA 1124 (National Fire Protection Association, currently adopted edition) and all other applicable state, federal or local laws or regulations.
(G) Applicant shall not allow any person under 18 years of age to sell consumer fireworks.
(H) Applicant shall not give, offer for sale, or sell any consumer fireworks to any person under 18 years of age.
(I) Applicant shall not offer for sale, expose for sale, or sell consumer fireworks except between the hours of 8:00 a.m. and 10:00 p.m.
(J) If the permanent permit is not renewed, it shall automatically expire 365 calendar days after its effective date, or upon a date on which the applicant no longer qualifies as a permanent fireworks retailer as defined herein, whichever occurs earlier. The permanent permit may be renewed for successive 365 calendar day periods so long as the applicant continues to qualify for issuance of the permanent permit. Applications for renewal periods shall be made to the Ludlow Police Department on forms approved by the city. The fee for the initial permit period, payable at the time of application, shall be $3,000. The fee for any subsequent permit period, payable at the time of application shall be $1,000.
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012; Am. Ord. 2023-13, passed 10-12-2023) Penalty, see § 92.999
At all locations within the premises of a permanent fireworks retailer where consumer fireworks are offered for sale, such retailer shall conspicuously post a sign or signs which state as follows:
“Under Kentucky law these fireworks may only be used by persons at least 18 years of age and these fireworks shall not be ignited within 200 feet of any structure, vehicle or any other person [KRS 227.715(11)]”
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012; Am. Ord. 2023-13, passed 10-12-2023) Penalty, see § 92.999
Ancillary fireworks retailers shall obtain and keep in force a city issued ancillary retail fireworks permit (the “ancillary permit”) under the following terms and conditions:
(A) Applications for the ancillary permit shall be submitted to the Ludlow Police Department at least 15 days prior to the applicant’s desired effective date for the permit, on a form approved by the city.
(B) Applicant shall possess an occupational license from the city.
(C) Applicant shall provide a certificate of insurance or other valid proof of general liability insurance in an amount of not less than $1,000,000 per occurrence which shall remain in effect at all times while engaged in the permitted activity.
(D) Applicant shall comply with all aspects of applicable provisions of KRS Chapter 227, the International Building Code with Kentucky Amendments (adopted edition) NFPA 1124 (National Fire Protection Association, currently adopted edition) and all other applicable state, federal or local laws or regulations.
(E) (1) If the ancillary permit is not renewed, it shall automatically expire 365 calendar days after its effective date, or upon a date on which the applicant no longer qualifies as an ancillary fireworks retailer as defined herein, whichever occurs earlier. The ancillary permit may be renewed for successive 365 calendar day periods so long as the applicant continues to qualify for issuance of the ancillary permit.
(2) Applications for renewal period shall be made to the Ludlow Police Department on forms approved by the city. The fee for the initial permit, payable at the time of application, shall be $1,000. The fee for any subsequent permit period, payable at the time of application, shall be $1,000.
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012; Am. Ord. 2023-13, passed 10-12-2023) Penalty, see § 92.999
Any permit issued under the provisions of this subchapter may be revoked by the City Administrator upon a showing that the permit holder has violated any of the provisions of this subchapter. Revocation shall be by written notice which describes the reasons for the revocation. The written notice of revocation shall be delivered to the permit holder in person or by regular mail sent to the address listed on the application. If a permit is revoked, and the applicant desires to contest the revocation, a hearing before the City Council may be obtained by filing with the office of the City Administrator a written request for hearing within 15 days of the issuance of the revocation notice. The hearing before the City Council shall be conducted within 30 days of receipt of the written request.
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012; Am. Ord. 2023-13, passed 10-12-2023)
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